Rochester Police Department v. Bergin

Simons, J. (concurring).

I agree that County Court exceeded its jurisdiction in issuing these discovery orders. The appeal requires more specific discussion, however.

The information in police files is not available at will to the public, to a criminal defendant or even to a District Attorney. It may be "exempt property” (CPL 240.10, subd 3), "confidential” (Civil Rights Law, § 50-a, subd 1), or it may be privileged from disclosure (see People v Keating, 286 App Div 150, 152-153).

In this bizarre proceeding the District Attorney, defense counsel and the court agreed inter se to direct disclosure…